This is the latest chapter in the saga concerning the enhanced criminal records certificate regime. How much about a person’s past criminal history is an employer entitled to know?


Under the Rehabilitation of Offenders Act 1974, a person is not in general required to disclose ‘spent’ convictions. However, there has long been a concern about persons working in certain professions or areas, such as those involving the care of children or vulnerable adults. Accordingly, the Rehabilitation of Offenders Act 1974 (Exemptions) Order 1975 removed the protection of the 1974 Act in certain cases. Over the years, particularly in response to well-publicised cases involving the murder, abuse or abduction of children, the scope of the exemptions have been extended. Accordingly, for example, an employer in the care sector is entitled to ask applicants about their full criminal history and to expect to be told about it. Continue reading »